West Virginia
Verified February 2026West Virginia Human Rights Act
W. Va. Code §§ 5-11-1 to 5-11-20
West Virginia does not have a comprehensive state-level family or medical leave law that significantly supplements the federal FMLA. For most employees, the right to unpaid, job-protected leave for serious health conditions or caregiving relies primarily on the federal Family and Medical Leave Act (FMLA). To qualify, you generally must work for an employer with 50+ employees and have worked there for at least 12 months. However, West Virginia does have a Parental Leave Act that specifically codifies 12 weeks of unpaid parental leave for employers with 50+ employees, mirroring the FMLA’s parental leave provisions at the state level.
West Virginia workers benefit from strong anti-discrimination protections through the West Virginia Human Rights Act (WVHRA). This law covers employers with 12 or more employees – a lower threshold than the federal ADA’s 15-employee minimum. Under the WVHRA, employers cannot discriminate against workers based on disability, including mental health conditions, and must provide reasonable accommodations unless doing so would impose an undue hardship. The West Virginia Human Rights Commission (WVHRC) has full investigation and enforcement powers to address violations.
One of the most notable features of West Virginia’s protections is the 1-year (365-day) filing deadline for discrimination complaints with WVHRC – considerably longer than the 180-day deadline in many other states. This gives workers more time to evaluate their situation and seek legal counsel before filing. Workers’ compensation in West Virginia covers mental health injuries, though purely psychological claims without a physical component may face heightened evidentiary requirements.
The combination of federal FMLA, the ADA, West Virginia’s Human Rights Act, and the Parental Leave Act provides a meaningful safety net for workers in the state. The lower employer-size threshold and longer filing deadline under state law extend protections to workers who might not be fully covered by federal law alone.
Employer Size
12+ employees
Leave Duration
N/A (no state leave law)
Paid Leave
Unpaid (job-protected)
Leave: West Virginia does not have a comprehensive state family or medical leave law. Federal FMLA is the primary source of job-protected leave. The state Parental Leave Act mirrors FMLA for employers with 50+ employees.
Anti-Discrimination: The West Virginia Human Rights Act covers employers with 12 or more employees, a lower threshold than the federal ADA's 15. The WV Human Rights Commission offers a generous 1-year filing deadline.
Additional Protections
West Virginia Human Rights Act
Prohibits employment discrimination based on disability and other protected classes for employers with 12 or more employees. Provides a state-level complaint process through the West Virginia Human Rights Commission, which has full investigation and enforcement powers.
W. Va. Code § 5-11-9
West Virginia Parental Leave Act
Requires employers with 50 or more employees to provide up to 12 weeks of unpaid parental leave for the birth or adoption of a child. This mirrors the FMLA’s parental leave provisions but is specifically codified under West Virginia state law, providing an additional avenue for enforcement.
W. Va. Code § 21-5D-1 et seq.
West Virginia Workers’ Compensation
Covers workplace injuries including mental health conditions arising from employment. West Virginia transitioned from a state-run workers’ compensation system to a private insurance market. Injured workers may receive medical benefits, lost wages, and disability payments.
W. Va. Code § 23-4-1 et seq.
1. Request FMLA Leave (Federal)
Eligible employees in West Virginia follow federal FMLA procedures (or the state Parental Leave Act for parental leave):
- Notify your employer at least 30 days in advance for foreseeable leave.
- If leave is unforeseeable, notify as soon as possible (usually same or next business day).
- Follow your employer’s usual notice procedures for requesting leave.
- Provide medical certification if requested (usually within 15 days).
2. File a Discrimination Complaint with WVHRC
- Verify your employer has 12+ employees and the incident is within 365 days (1 year).
- Contact the West Virginia Human Rights Commission by phone at 304-558-2616 or visit their office in Charleston.
- Complete a formal complaint form describing the discriminatory act.
- WVHRC will investigate the complaint and attempt resolution through mediation or conciliation.
- If no resolution is reached, WVHRC may hold an administrative hearing or the complainant may pursue action in court.
Note: WVHRC has a work-sharing agreement with the federal EEOC, so filing with WVHRC can also protect your federal claim.
Important Deadlines
- 30 days - FMLA advance notice for foreseeable leave
- 365 days (1 year) - Deadline to file a discrimination complaint with the West Virginia Human Rights Commission – one of the longest filing deadlines in the nation
- 300 days - Deadline to file with the federal EEOC (extended because WVHRC exists as a local agency)
- 30 days - Workers’ comp injury must be reported to employer
- 2 years - Statute of limitations for workers’ compensation claims in West Virginia
Official Resources
Frequently Asked Questions
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